Essential Guide to Property Registration
Essential Guide to Property Registration
Introduction:
Registration refers to the recording of the contents of a document with a Registering
Officer appointed by the Government. The main purpose of registration is to ensure information
about all deals are recorded and maintained apart from giving the document its authenticity. It
gives information to the people regarding legal rights and obligations arising or affecting a
particular property. The registered documents may afterwards be of legal importance, and also
aid in preventing fraud. The process of registering a document is done under the provisions of
the Registration Act, 1908. The main objects of the law of registration are –
(a) to provide a conclusive proof of genuineness of documents;
(b) to afford publicity of transaction in respect of properties;
(c) to prevent fraud;
(d) to afford facility for ascertaining whether a property has already been dealt with; and
(e) to afford security of the title deeds and facility of proving titles in case the original
deeds are lost or destroyed.
1. SALE:
The sale deed is the main document by which a seller transfers his right on the property to the
purchaser, who then acquires absolute ownership of the property. It is also referred to as the
conveyance deed. On completion of all formalities, a sale deed is prepared. This is the main
document for transfer of ownership of property. The deed is executed by all the parties concerned.
All pages of the deed are to be signed. The deed should be witnessed by at least two witnesses giving
their full names, signatures and addresses. The sale deed of immovable property needs compulsory
registration at the jurisdictional sub-registrar office.
This deed of sale is made and executed on this ………….. day of …………… 20...
By
Sri/Smt……………. S/o/W/o………………,Occupation……………..Aged………………..years,
residing at …………………… (Principal), represented by his agent
Sri……………………………………… S/o……………………… ,…………………. Occupation
……………………… aged…………. Years, residing at ………………………
,…………………….by means of a General/Special Power of Attorney dated
,………………………registered/authenticated as Document No.……………………….. of Book
IV of Sub Registrar’s Office…………………………………. hereinafter called the
“VENDOR”
(which expression shall wherever it occurs in this deed includes the said person, his/her heirs,
legal representatives, agents, executors, administrators, assignees or any person claiming
through or under him) of one part.
In favour of
Sri/Smt…………………………S/o.D/o…………………………Occupation…..,……………………
………….aged………… years, residing at ……………………………. hereinafter called the
“VENDEE”
(which expression shall wherever it occurs in this deed includes the said person, his/her heirs,
legal representatives, agents, executors, administrators, assignees or any person claiming
through or under him) of other part.
Whereas the Vendor is the absolute owner, having acquired the property, which is more
specifically and clearly delineated in the schedule hereto, by inheritance / by partition of joint
family properties/ by release/by gift / by gift settlement / by will / by sale executed
by…………………………………and registered as document No…………of………………. Of
Book…………………Volume No…………………..Pages……………….in the office of the
Registrar / Sub-Registrar…………………………………… and since then he is in the possession
and absolute enjoyment thereof.
And
Whereas the vendor intends to sell away the said property wherein he or she has got good and
marketable title, rights, interest and possession and no other person has got any right, title or
interest over the schedule property.
And
Whereas the Vendee offered to purchase it for a sum of Rs…………………..for which the
Vendor accepted and has agreed to sell the same to the Vendee.
3
12. The present market value of the property is Rs. …………….. (Rupees………………….) only.
Schedule
All that piece and parcel of the land measuring ………………Square meters,
………………... sq ft. in Survey No…………………. Plot No. …………… RLSC/ ALSC No.
…………………………………… of …………………………… together with the house of
RCC/Assam Type building bearing [Link]. ……………… with a plinth area of ……………sq m,
…………… sq. feet, …………. Storey, situated at …………………. covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal Area/ Village Council area and
……………………………… Sub-District and
Bounded by:
East :
West :
North :
South :
THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance
This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only
IN WITNESS WHEREOF, the VENDOR and the VENDEE have signed this SALE DEED at
……….... on the date first mentioned above in the presence of the following witnesses:
VENDOR VENDEE
WITNESSES:
1.
2.
Drafted by:
5
2. GIFT:
According to Sec.122 of The Transfer of Property Act, 1882, “Gift is the transfer of
certain existing moveable or immoveable property made voluntarily and without consideration,
by one person, called the donor, to another, called the donee, and accepted by or on behalf of
the donee.”
WHEREAS the DONOR is seized and possessed of the land and premises situated at
......... and more particularly described in the Schedule hereunder written.
AND WHEREAS the Donor desires to grant the said land and premises to the DONEE as gift in
consideration of natural love and affection as hereinafter mentioned.
AND WHEREAS the DONEE has agreed to accept the gift as is evidenced by his executing
these presents.
AND WHEREAS the market value of the said property is estimated to be Rs ……….......
NOW THIS DEED WITNESSETH that the DONOR without any monetary consideration and in
consideration of natural love and affection, which the DONOR bears to the DONEE, doth
hereby grant and transfer by way of gift the said land and premises situated at …………….......
and more particularly described in the Schedule hereunder written together with all the
buildings, and structures thereon and all the things permanently attached thereto or standing
thereon and all the liberties, privileges casements and advantages appurtenant thereto and all
the estate, right, title, interest use, inheritance, possession, benefit, claims and demand
whatsoever of the DONOR To Have And To Hold the same unto and to the use of the DONEE
absolutely but subject to the payment of all taxes, rates, assessments, dues and duties now and
hereafter chargeable thereon to the Government or Municipality or other Local Authority.
or his heirs, executors, administrators and assigns or any person or persons lawfully
claiming or to claim by, from, under or in trust for the DONOR.
(c) That the said land and premises are free and clear and freely and clearly and absolutely
and forever released and discharged or otherwise by the DONOR and well and sufficiently
saved, kept harmless and indemnified of and from and against all former and other estate,
titles, charges and encumbrances whatsoever, had made, executed, occasioned or
suffered by the DONOR or by any other person or persons lawfully claiming or to claim by
from, under or in trust for the Donor.
(d) AND FURTHER that the DONOR and all persons having or lawfully claiming any estate or
interest whatsoever to the said land and premises or any part thereof from under or in trust
for the DONOR or his heirs, executors. administrators and assigns or any of them shall and
will from time to time and at all times hereafter at the request and cost of the DONEE do
and execute or cause to be done and executed all such further and other acts, deeds,
things, conveyances and assurances in law whatsoever for better and more perfectly
assuring the said land and premises and every part thereof unto and to the use of the
DONEE in the manner aforesaid as by the DONEE, his heirs, executors, administrators and
assigns or counsel in law shall be reasonably required.
(e) That from today onwards the Donee shall be entitled to mutate his or her name in the land
in place of the Donor in Revenue Office by dint of this Gift Deed executed by the Donor and
shall be entitled to any benefits arising out of the said property including any compensation
if the land falls under any acquisition proceedings.
SCHEDULE
All that piece and parcel of the land measuring ………………Square meters,
………………... sq ft. in Survey No…………………. Plot No. …………… RLSC/ ALSC No.
…………………………………… of …………………………… together with the house of
RCC/Assam Type building bearing [Link]. ……………… with a plinth area of ……………sq m,
…………… sq. feet, …………. Storey, situated at …………………. covered by ward No……..
Block No….. of Municipal Corporation Area/Municipal Area/ Village Council area and
……………………………… Sub-District and
Bounded by:
East :
West :
North :
South :
THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance
7
This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only
IN WITNESS WHEREOF the Donor as well as the DONEE (by way of acceptance of the
said gift) have put their respective hands the day and year first hereinabove written.
Witnesses
1.
2.
3. MORTGAGE:
Mortgage is a transfer of an interest in a specific immovable property for the purpose of
securing the payment of money advanced or to be advanced by way of loan, an existing or
future debt or the performance of an agreement, which may give rise to a pecuniary liability.
The person borrowing and transferring his interest in an immovable property to the lender is the
mortgagor. The lender is the mortgagee. The funds lent against which the property is used as
security is the mortgage money. The instrument by which the transfer is effected is called a
mortgage-deed.
WHEREAS the mortgagor is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the house bearing municipal no................ situated on
........................Road, ....................... more particularly described in the Schedule hereunder
written;
AND WHEREAS the mortgagor has requested the mortgagee to lend him a sum of Rs.
........................ which the mortgagee has agreed on the mortgagor mortgaging his property.
NOW THIS DEED WITNESSETH THAT
8
In pursuance to the said agreement and in consideration of the sum of Rs. .................. at or
before the execution of these presents paid by the mortgagee to the mortgagor (the receipt
whereof, the mortgagor doth hereby admit and acknowledge and of and from the same hereby
release and discharge the mortgagee), the mortgagor hereby covenants with the mortgagee
that he will pay on the ..................... day of................. (hereinafter called "the said date"), the
said sum of Rs. ................. with interest @ ........ % per annum from the date of these presents
till the repayment of the said sum in full, every quarter the first installment of interest to be paid
on the ................... day of .......... 2000 and each subsequent installment on the ................ day
of July, October, January and April of each succeeding year until the said sum is repaid in full.
IN WITNESS WHEREOF the parties have put their hands the day and year first hereunder
written.
Bounded by:
East :
West :
North :
South :
THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance
This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only
WITNESSES;
1.
2.
10
THIS DEED OF Sale made at ………. this …... day of ………..... between ………….. residing at
……………………………….... hereinafter referred to as the VENDOR, of the One Part,
And
…………… residing at ……………..... hereinafter referred to as the PURCHASER of
the Other Part.
WHEREAS the Vendor is seized and possessed of or otherwise well or sufficiently entitled to
the land and premises situated at ……………... and more particularly described in the Schedule
hereunder written.
AND WHEREAS the Vendor is in need of money and has requested the Purchaser to advance
to him a sum of Rs…….... which the Purchaser has agreed to do on the Vendor agreeing to
execute this deed of sale in favour of the Purchaser in respect of the said property in the
manner following.
(b) That the Purchaser shall quietly possess and enjoy the said property and receive the
rents, Income and profits thereof without any lawful interruption or disturbance
whatsoever by the Vendor or any person or persons lawfully claiming under from or
through him and shall be at liberty to pay there out the Govt. revenue and all other
charges of a public nature and all rents if any accruing due in respect of the said
premises during such possession and any arrears of rent in default of payment of which
the said land and premises may be summarily sold and all expenses incurred for the
management of the said premises and the collection of rents, Income, profits and all
other outgoing including costs of repairs of the said premises.
(c) That the said premises are free and clear and forever released and discharged or
otherwise by the Vendor well and sufficiently saved, kept harmless and indemnified of
and from and against all previous and other estates, title, charges and encumbrances
whatsoever had made executed or suffered by the Vendor or any other person lawfully
claiming under him.
(d) That the Vendor and all persons claiming any estate or interest in the said premises
under him, shall and will from time to time and at all times hereafter upon the request of
the Purchaser and at the costs of the Vendor do and execute or cause to be done or
executed, all such acts, deeds and things whatsoever for further and more perfectly
assuring all or any of the said premises unto and to the use of the Purchaser in such
manner aforesaid as shall or may be reasonably required by the Purchaser.
IN WITNESS WHEREOF the Vendor has put his hand the day and year first
hereinabove written.
Bounded by:
East :
West :
North :
South :
THE MEASUREMENTS:
Sl no Boundary Pillars numbers Surface distance Horizontal distance
12
This is neither an assigned nor a Government land. The market value of the property is
Rs………………. (Rupees…………………………………………………………………….) only
Signed and delivered by the within named Vendor Mr. ………. in the presence of ...
1.
2.
4. LEASE:
According to Sec.105 of the Transfer of Property act, 1882, a lease of immovable
property is transfer of a right to enjoy such property, made for a certain time, express or implied,
or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops,
service or any other thing of value, to be rendered periodically or on specified occasions to the
transferor by the transferee, who accepts the transfer on such terms.
WHEREAS
1. The Lessor is in complete possession of the building bearing Municipal No------ Situated at --
---------- and more particularly described in the schedule I given below.
2. On the request of the Lessee, the Lessor has agreed to grant lease in respect of the
demised premises for a term of ------- years in the manner hereinafter stated.
THE LESSOR HEREBY DEMISES UNTO THE LESSEE ALL THAT the building bearing
Municipal no-------- situated at ----------- and hereinafter called as the demised premises,
TOGETHER WITH ALL the fixtures and fittings therein, a complete list whereof is given in
Schedule II, hereto TOGETHER WITH the electrical installations and together with the right
for the Lessee, its employees, servants, agents, customers and persons authorised by the
13
Lessee in common with the Lessor and all the persons authorised by the Lessor to use the
entrances, doorways, entrance hall, stair cases, landings and passages in the demised
premises for the purpose of ingress thereto.
(a) The Lessee shall occupy the demised premises for the period of --- years only
commencing from the -------- and determining on -------------
(b) The Lessee shall pay to the Lessor during the said term monthly rent of Rs. --------
payable by seventh of each succeeding calendar month to which it relates.
(c) The Lessee has paid to the Lessor a sum of Rs --------- as security deposit and a sum of
Rs ------------ as advance rent, the receipt of which the Lessor acknowledges.
(d) The security deposit shall be returned on determination of the lease after deduction for
damages if any to the property except reasonable wear and tear expected and the
advance rent paid shall be adjusted by -----------------.
(b) To keep the interior, exterior of the demised premises, the drainage thereof and the water
pump in good and tenable repair and condition.
(c) To keep the entrance, doorways, entrance halls, staircases, lobbies and passages in the
said building leading to demised premises well and sufficiently cleaned and lighted at his
own expense.
(d) To pay rates, taxes, assessment, duties, cess, impositions, outgoings and burdens
whatsoever payable to local or other authority which may at any time or from time to time
during the term hereby created be imposed or charged upon the demised premises.
4. It is hereby agreed that if the rent or any part thereof payable in respect of the demised
premises shall be in arrears for a period of two months or if the Lessee shall omit to perform
or observe any covenants or conditions on the Lessee’s part herein contained, the Lessor
may re-enter upon the demised premises after serving a notice to the Lessee.
5. If within a period of one month after the issue of such notice, the Lessee does not pay the
rent or does not perform or observe the covenant or condition and thereupon all rights of the
Lessee hereunder shall determine.
Signed by the above named Lessor. Signed by the above named Lessee
WITNESSES
1.
2.
15
1. The Landlord agrees to let out and the tenant agrees to take on rent the ground floor portion
of the building ___________ for his office along with electrical and sanitary fittings and other
accessories fittings and structures (hereinafter called the PREMISES) from ________ at the
monthly rent of _______ being payable on or before 5th of every month to the Landlord. The
period of this agreement shall be for twenty four months with effect from _______ .
2. The tenant has paid Rupees ______ as advance amount for the above building and the
landlord shall pay this said advance without interest to the tenant at the time of vacating the
premises.
3. At the termination of the period of tenancy the tenant agrees to surrender to the Landlord
the vacant possession of the premises without raising any objection.
4. This rental agreement can be terminated at any time by three months notice on either side
and on such termination the tenant shall surrender the vacant possession of the premises to
the Landlord.
5. If for by any reason the tenant occupies the building for a period that includes part of a
month, it is agreed that the rent will be charged on a pro-rated basis for that month.
6. The landlord shall pay all existing and future taxes, rates and assessments in respect of the
lease hold including the municipal or other tax assessed by a local authority on the value of
the building or annual letting value of the building and all other rates, taxes and
assessments levied by any authority whatsoever.
7. The tenant shall pay the electricity and water supply charges for the period of time he
occupies the premises.
8. The tenant agrees to leave at the end of tenancy the premises in good condition as theyare
now, subject to reasonable wear and tear.
9. The tenant also agrees not to let out the building or a portion of it to anybody else.
10. The tenant shall not commit any act of waste in the premises.
11. The tenant also agrees to pay any maintenance on the building as mutually agreed upon by
the tenant and the landlord and the said expenses shall be adjusted against the rent amount
due to the landlord.
12. It is hereby agreed that the tenant paying the rent hereby reserved, and performing and
observing each of the covenants herein contained, may peacefully hold and enjoy the said
building during the lease period without any interruption by the landlord.
13. The agreement does not cover the property adjoining the premises and the landlord shall be
free to take the yield from the property to effect improvements therein and the tenant shall
not cause any obstruction for the same.
16
14. The landlord shall retain the original of this agreement and the tenant shall retain its
duplicate.
WITNESS WHEREOF _______, the landlord and _________, the tenant have affixed
their signatures on the __________ .
Witnesses:
1.
2.
WHEREAS the Landlord is absolutely seized and possessed of or otherwise well and
sufficiently entitled to the furnished dwelling house described in the Schedule hereunder written.
AND WHEREAS at the request of the tenant, the Landlord has agreed to let the said furnished
dwelling house to the tenant for a term of ................. years in the manner hereinafter appearing.
2. The lessee hereby for himself, his heirs, executors, covenants administrators and assigns,
agrees to the following covenants:
(a) To pay the rent on the days and in the manner as aforesaid;
(b) To pay all rates, taxes, assessments, cess and outgoings whatsoever now or hereafter
imposed or charged or payable to the State of ................ Municipal Corporation
.................. local or any other authority, upon the said dwelling house or any part thereof;
(c) To repair and keep the interior of the dwelling house, fixture, fittings, sanitary and water
apparatuses therein in tenantable condition throughout the term;
(d) To keep the furniture clean and in good repair order and preservation and to make good
the damages thereto;
(e) To allow the landlord and his agents at all reasonable times to enter upon and examine
the condition of the dwelling house and the furniture;
(f) If the landlord finds that any repair is necessary to the dwelling house and/or furniture,
he shall serve upon the tenant a notice in writing to carry out the repairs in the dwelling
house or furniture and the tenant shall carry out the repairs within one month after the
service of such a notice;
(g) To insure the dwelling house and furniture against loss or damage by fire with an
insurance company approved in writing by lessor for an amount which shall not be less
than Rs................... unless otherwise agreed to in writing between the parties;
(h) Not to underlet, assign or part with the possession of the dwelling house and furniture or
any part thereof;
(i) To use the dwelling house for the purpose of private residence only;
(j) To replace all broken fittings, fixtures, sanitary and water apparatuses by equally good or
better substitutes;
(k) To keep and maintain the premises clean, tidy, healthy, wind and watertight in all
seasons;
(l) To permit the Landlord during the one month immediately preceding the determination of
the term to affix a notice for re-letting the same and to permit during the said one month
the dwelling house and the furniture to be viewed at any reasonable times by any
prospective tenants;
(m) On the expiration or earlier determination of the lease to deliver peaceful and vacant
possession of the dwelling house and furniture in its entirety together with all
improvements, if any done thereto without any claim for compensation on that account.
or persons duly authorised by him in that behalf at any time may terminate the tenancy
and may enter into and upon the dwelling house provided that the tenancy shall not be
terminated and no re-entry shall be made under the foregoing power, unless and until
the Landlord shall have given to the tenant a notice in writing specifying the arrears of
rent which is required to be paid or specifying the covenants and conditions or
stipulations which require to be complied with or carried out and the tenant has failed to
pay the arrears of rent or comply with or carry out the same within one month from the
date of the receipt of such notice.
(b) If at any time the dwelling house or the furniture or any part thereof shall be rendered
unfit for occupation or use by reason of any damage; not due to default of the tenant, the
landlord shall reinstate the same at his own expenses and with all convenient speed.
5. Until the Landlord and the tenant shall otherwise advise each other in writing, their addresses
for service of all notices and other communications shall be as under:
(a) For the Landlord: …………………………………………
(b) For the Tenant: ………………………………………………………
6. This Lease Deed shall be executed in duplicate. The original shall be retained by the
Landlord and the duplicate by the tenant.
7. The stamp duty and all other expenses in respect of this Lease Deed and duplicate thereof
shall be borne and paid by the tenant.
IN WITNESS WHEREOF, the Landlord and the tenant have put their respective hands
on the original and duplicate thereof the day, month and year first hereinabove written.
WITNESSES;
1.
2.
19
AND WHEREAS the lessor proposes to develop the demised premises by constructing
buildings thereon consisting of flats and then to sell the said flats to the prospective flat
purchasers on ownership basis and has requested the Lessee to surrender the demised
premises, which the lessee has agreed to do so in the manner hereinafter appearing.
NOW THIS DEED WITNESSETH THAT in pursuance of the said agreement and in
consideration of the sum of Rs. ................. (Rupees .........…………………………………........),
(the receipt whereof the Lessee hereby acknowledges), the Lessee as beneficial owner hereby
surrender and assign and quit claim to the demised premises demised by the said Lease Deed
unto and to the use of the Lessor TO HOLD the demised premises unto the Lessor for all the
unexpired lease term and interest created by the said lease deed TO the intent that the same
terms and interests may merge and be extinguished in the reversion which was immediately
expectant thereon before the execution of this deed AND THE LESSEE hereby covenants and
declares that he has not done any Covenants act, deed or thing whereby or by means whereof
he is in any way prevented from surrendering the demised premises from the said lease.
IN WITNESS WHEREOF, the parties have hereunto set and subscribed their respective hands
the day and year first hereinabove written.
Schedule
WITNESSES:
1.
2.
20
I say received.
(……….)
Lessee
WITNESSES;
1.
2.
THIS AGREEMENT OF LEAVE AND LICENCE made at -------- this ………………...day of -------
BETWEEN
_________________ of ----------------------, hereinafter called "the Licensors" (which expression
shall unless it be repugnant to the context or meaning thereof mean and include her respective
heirs executors and administrators) of the One Part .
AND
_____________________, a company incorporated and registered under the laws prevailing in
India and having its Registered Office at _________________________________hereinafter
called "the Licensee" (which expression shall unless it be repugnant to the context or meaning
thereof mean and include its successors in title and assigns) of the Other Part :
WHEREAS the Licensors are the sole directors of the company ______________which owns
the office at __________________
AND WHEREAS the Licensors are thus the absolute owners of the said office and accordingly
absolutely entitled to use, occupy, possess and enjoy the said premises: AND WHEREAS the
Licensee has approached the Licensors and has requested the Licensors to let out to it, the
Licensee, the said premises on leave and licence basis, which the Licensors have agreed to do
on certain terms and conditions mutually agreed upon by and between them : AND WHEREAS
the parties hereto are desirous of recording the said terms and conditions :
21
(h) Not to sub-let or give on leave and licence basis or on any other basis the said premises
or any part portion thereof nor the Licensee permit any one to use and occupy the said
premises or any part or portion thereof;
(i) Not to damage in any way the walls, partition, walls, flooring and ceiling of the said
premises or any of the Licensors fixtures, fittings and articles installed lying and being in
the said premises and to keep the same in good order and condition (reasonable wear
`and tear and loss or damage by fire, accident, irresistible force or act of God excepted);
(j) Not to paint, affix or exhibit any name, sign, symbol or graph or writing or anything upon
or outside the said premises save and except that the Licensee an it shall be at liberty to
put the name board or name plate of itself on the outer wall of the said premises to
indicate the location and address of the Licensee;
(k) The Licensee shall not carry out any work of structural alteration in or about the said
premises or any portion thereof.
(l) To make good to the Licensors any loss or damage that may be caused to the said
premises or any other fittings, fixtures, articles or property of the Licensors therein as a
result of negligence on the part of the Licensee, its servants employees agents
customers visitors and/or other persons calling at the said premises in connection with
the business of the Licensee or otherwise howsoever and such loss or damage shall be
ascertained by the Licensors and be binding on the Licensee;
(m) Not to do or permit to be done upon the said premises anything which may be or
become a nuisance to the Licensors or other occupants of the said building
"_____________" or any of the neighboring building;
(n) Not to bring in or to store in the said premises any combustible materials or otherwise
dangerous things that may imperil the safety of the building or may increase the
premium of insurance of the building or vender void the insurance;
(o) To perform and observe strictly the provisions hereof and also the provisions of law of
the country for the time being and from time to time in force and also the rules and
regulations any bye-laws of the society and/or the terms laid down by the builder and
which may for the time being and from time to time be in force;
(p) The Licensee shall be in possession of the licensed premises except one cabin and the
juridical possession shall remain with the Licensors;
(q) To indemnify the Licensors against any loss or damage that may be suffered as a result
of breach of any of the provisions herein contained or otherwise due to any act or
conduct of the Licensee its staff, employees, servants and agents to the said premises.
(r) To remove itself from the said premises and all its staff and employees and all its
belongings and to restore the said premises to its original condition (reasonable wear
and tear and loss or damage by fire, accident, irresistible force or act of God excepted)
Provided However that if the Licensee has carried out any additions and alternations to
the said premises which are of a permanent or semi-permanent nature or if the Licensee
has brought and installed any furniture fixtures and fittings in the said premises, the
Licensee shall and at the time of the determination or earlier termination of the licence
hereby granted remove the same from the said premises.
23
12. In the event of the Licensee failing to hand over to the Licensors possession of the licensed
premises on the expiry or sooner determination of the licence hereby granted as hereinabove
provided and continues to remain in occupation and possession of the licensed premises,
then in that event, notwithstanding the right conferred upon the Licensors, the Licensors shall
take such steps as may be advised to take physical possession of the licensed premises.
The Licensors shall also be entitled to charge the Licensee compensation for the use and
occupation of the licensed premises at the rate of Rs. _______ per day, which the Licensee
agrees and undertakes to pay.
13. The Licensors hereby represent and declare that;
(a) The Licensors are absolutely entitled to the licensed premises;
(b) The Licensors have not created any charge or encumbrance of whatsoever nature on
the said licensed premises nor have they created any tenancy or leave and licence or
any right in favour of any one in respect of the licensed premises nor shall they create or
purport to create any such charge or encumbrance hereafter;
(c) The Licensors have not entered into any Agreement for sale of the licensed premises in
favour of any person or party;
(d) The Licensors has not committed breach of any of the rules regulations.
14. Any notice required to be given hereunder shall be sufficiently served on the Licensors, if
forwarded by Registered Post Acknowledgement Due to the Licensors aforementioned
address and on the Licensee if forwarded by Registered Post Acknowledgement Due to the
Licensee's aforementioned Office in ------------ and notice sent by post as aforesaid shall be
deemed to be given at the time when in due course of post it would be delivered at the
address to which it is sent.
IN WITNESS WHEREOF the parties hereto have hereunto set and subscribed their
respective hands and seals the day and year first hereinabove written.
6. PARTNERSHIP DEED:
A partnership is defined as a relation between two or more persons who have agreed to
share the profits of a business carried on by all of them or any one of them acting for all. The
owners of a partnership business are individually known as the "partners" and collectively as
the "firm". Partnerships are governed by the Indian Partnership Act, 1932. Apart from this, the
general law of contracts, as contained in the Indian Contract Act 1872 also applies to
Partnership Firms in India
PARTNERSHIP DEED
WHEREAS the Parties of First and Second Part by virtue of their partnership deed dated
_____________ have been carrying on the business of manufacturing and marketing
____________________ etc. under the name and style of ___________________ with
factories at _______________________under the same name and style.
AND WHEREAS the Party of Third Part Viz. the company is formed with the objects of
manufacturing, dealing and marketing in _____________________ etc.
AND WHEREAS the Party of the Second Part has expressed its desire and willingness through
the director _____________________to enter into Partnership and parties First, Second part
have mutually decided that the Party of the third Part shall be taken as Partner.
AND WHEREAS it is deemed necessary and desirable that a regular Deed of Partnership be
reduced in writing and executed on the terms and conditions mentioned hereunder.
contribution by them to the capital of the Partnership and the Party of the Third Part shall
bring Rs______________ as his share towards the capital of the firm.
5. That further finance required for the purpose of business of the firm shall be contributed by
the parties in such rate as may be mutually agreed upon. Interest at the rate of _____% or
at a rate as may be mutually agreed upon between the parties from time to time shall be
allowed on the capital standing to his/her credit for the time being in the books of the
partnership.
6. That the regular accounts books shall be kept in due course of business in which shall be
faithfully recorded all the transactions enter into by the firm and such books shall be closed
on ____________or/on any other convenient or auspicious day as may be mutually agreed
upon between the parties hereto from time to time.
7. That on closing the account books in the aforesaid manner, a regular profit & Loss Account
shall be prepared and a balance sheet shall be drawn up.
8. That the Profits & Losses shall be divided between and borne by parties hereto in the
following proportions:
Partner……………………. % of share in Profits and Losses
9. That the partners will be paid a Salary of Rs.___________/- per month for the services
rendered and they will also be entitled to a bonus @______% on their salary.
10. That all the assets and liabilities of the firm as on ___________ tangible or otherwise, would
be taken over by the Partnership at its book value and shall be deemed to be assets and
liabilities of this Partnership and all the Parties hereto will have equal rights/liabilities
thereon.
11. That all rights of the firm as on _____________namely licences, Trademarks, VAT
registration, Telephone connections, Tenancy rights, Lease rights, Ownership right etc. shall
be deemed to be the rights of the partnership and all the parties hereto will have equal
rights/liabilities thereon.
12. That each partner shall: -
(a) Diligently attend to the business of the Partnership and devote his/her necessary time
and attention thereto.
(b) Punctually pay her/his separate debts and indemnify the other partner and the Assets of
the firm against the same and all expenses therefore.
(c) Upon every reasonable request inform the other Partner of all letters, accounts, writings
and such other things which shall come to her/his hands or knowledge concerning the
business of the Partnership.
13. That neither Partner shall without the consent of the others: -
(a) Lend any of the money or deliver upon credit any of the goods of the firm to any person
or persons whom the other Partners shall have previously in writing forbidden her/him to
trust.
(b) Raise or advance any loan in the name of or on behalf of the firm.
(c) Assign, charge or transfer her/his shares in assets or profits of the firm.
14. That the account in the name of the firm ____________ shall be opened with the Banks or
bankers as the Parties may mutually decide and the same shall be operated upon by the
Parties hereto singly.
27
15. That any partner may retire from the Partnership firm, hereby formed by giving ____ months
notice in writing to the others but none shall leave the firm until or unless all the pending
commitments are carried out, liabilities paid off, assets realized and accounts are rendered
fully and settled finally to the entire satisfaction of each of the parties hereto.
16. That the parties hereto may, however, with their mutual consent pay remuneration to any of
the parties hereto at a rate that may be mutually agreed upon between them from time to
time. They shall be at liberty to increase or decrease such rate of remuneration with their
consent from time to time.
17. That in the event of death or retirement of any of the parties hereto the partnership firm
hereby formed shall not dissolve, but shall continue. The legal heir or the representative of
the deceased shall step into her/his shoes.
[Link] upon the dissolution of the partnership in any event not hereinafter provided for the said
business, the assets, goodwill and liabilities thereof should absolutely vest on any one
partner mutually decided by the parties to the partnership.
[Link] it will always remain open to the parties hereto to amend, annul or change any term or
terms of this Deed of Partnership in the course of its business and in that event of
amending, annulling or changing any term or terms of this deed of Partnership no fresh
deed shall be required to be executed.
20. That without prejudice to the above terms and conditions the parties hereto in all other
matters shall be governed by the provisions of Indian Partnership Act, 1932.
21. That all the disputes or differences arising out of it and connected with the Partnership shall
be referred to the arbitrator in accordance with the Indian Arbitration Act.
IN WITNESS WHEREOF, the parties of the first and Second parts here have put their
respective hands on this DEED OF PARTNERSHIP on the day, month and year first mentioned
above.
WITNESSESS: Partners
1.
2.
3.
28
7. TRUST DEED:
The instrument by which the trust is declared is called instrument of Trust, and is
generally known as Trust Deed. A written trust-deed is always desirable, even if not required
statutorily.
DEED OF TRUST
BETWEEN
AND
1. _________________ S/O. ________________, residing at ____________ &
2. __________________S/O. ________________, residing at ____________ &
3. SMT. W/O SHRI. , of ____________
(Hereinafter called " The Trustees" which expression shall unless repugnant to the context or
meaning thereof be deemed to include the survivors or survivor of them and the trustees or
trustee for the time being of these presents and their heirs, executors and administrators of the
last surviving trustee, their or his assignees) of the other part;
WHEREAS the SETTLOR is possessed of the sum of Rs. ___________/- (Rs. __________)only
and assets and properties mentioned in the Schedule hereunder as his absolute property and he
is desirous of creating a Religious/ Charitable/Educational Trust for the benefit of the humanity at
large.
AND WHEREAS each of the parties hereto of the "Other Part" has individually and jointly has
agreed to act as Trustees of the Trust, proposed by the party of the first part.
AND WHEREAS nothing contained in this deed shall be deemed to authorize the trustees to do
any act which may in any way be construed statutory modifications thereof and all activities of
the trust shall be carried out with a view to benefit the public at large, without any profit motive
and in accordance with the provisions of the Income Tax Act, 1961.
AND WHEREAS the trust is hereby expressly declared to be a public charitable trust and all the
provisions of this deed are to be constituted accordingly.
accepted the receipt of which they do hereby acknowledge, to hold the same in and to the
Trustees with the powers and obligations as provided hereinafter.
2. Name:
The name of the Trust shall be "____________________________".
3. Place:
The principal office of the Trust shall be situated at ______________________. The
Trust may also carry on its work at any other place or places, as decided by the Trustees.
4. Objects:
The objects of the Trust are -
(a) Educational – to run, maintain or assist any educational or other institution for
coaching, guidance, counselling or vocational training or to grant individual
scholarships for poor, deserving and needy students for elementary and higher
education.
(b) Medical – to run, maintain or assist any medical institution, nursing home or clinics or
to grant assistance to needy and indigent persons for meeting the cost of medical
treatment.
(c) Relief of the poor – to give financial or other assistance in kind by way of distribution
of books, notebooks, cloths, uniforms, or meals for the poor and indigent and to the
persons suffer due to natural calamities.
(d) Old age and Physically challenged - Establishment, conduct, maintenance of old age
homes, homes for physically challenged men, women and children and persons with
similar disabilities and also for granting financial assistance to institutions performing
similar activities.
(e) Other objects of general public utility –
(i) to acquire property for the sole use of the public by making it available for
public purposes, for example - a library, clinic, crèche or a community hall to
be available for public use as training classes, seminars, discourses and other
public functions for benefit of the community in general.
(ii) to undertake any other activity incidental to the above activities but which are
not inconsistent with the above objects.
The TRUSTEES do hereby agree that they shall hold and stand possessed of the said
trust assets, properties and funds (which expression shall include all investments in cash or
kind or in any nature whatsoever into and for which, the said property or a part or parts thereof
may from time to time be converted, varied or exchanged) and/ or such investments as may be
held by the TRUSTEES from time to time in relation to these presents together with all income,
profits, additions and accretions thereof, upon trust for the object set out above with and subject
to the provisions and conditions hereinafter contained in these presents.
5. Beneficiaries:
The Trust is established for the benefit of citizens of India and the class of people
mentioned above without discrimination of caste, religion, creed or sex.
30
6. Properties:
The Trust properties shall consist of
(a) The amount Transferred by the SETTLOR as mentioned above, towards the Corpus
fund of the Trust.
(b) The immovable properties and other assets transferred by SETTLOR as mentioned
above.
(c) Any cash, kind, properties, movable and immovable that may be acquired by
purchase or otherwise or all manner of rights, title or interest in or over any property
movable or immovable
(d) All additions and accretions to the Trust properties and the income there from
(e) All donations, gifts, legacies or grants, in cash or kind accepted by the Trustees upon
Trust. The properties of the Trust shall be utilized for the objects set forth herein
above and subject to the provisions and conditions herein mentioned.
7. Funds:
The Trustees may accept donations, grants, subscriptions, aids or contributions from any
person, Government, Local authorities or any other charitable institutions, in cash or in kind
including immovable property without any encumbrance, but the Trustees shall not accept any
receipt with any condition or terms inconsistent with the objects of the Trust. While applying
such receipts to the objects, the Trustees shall respect the directions, if any, by the granter. Any
receipt with specific direction to treat the same as part of the corpus of the Trust or separate
fund shall be funded accordingly.
8. Investments:
(a) All monies, which will not be immediately required for current needs shall be invested by
the Trustees in eligible securities and investments, or in banks. Such investments shall be
in the name of the Trust.
(b) That the trustees shall invest the trust fund, carry on any business with the trust fund
and/or enter into partnership on behalf of the trust, as they may deem fit.
(c) That the trustees shall manage the trust fund and investments thereof as a prudent man
would do the same. They shall recover all outstanding and meet all recurring and other
expenses incurred in the upkeep or management thereof.
(d)That the trustees shall receive and hold the income of the trust on behalf of and for the
benefit of the beneficiaries under the trust.
The first Managing Trustee shall be the SETTLOR and he will hold office for his life time. After
the demise or relinquishment of office of the Managing Trustee or in the event of the first
Managing Trustee failing to nominate his successor in office, the remaining trustees shall elect
one of the other Trustees as Managing Trustee.